Swanger et al v. Warrior Run School District et al
| Elaine Swanger and Victor Swanger |
| Warrior Run School District, Patricia Cross, Douglas Barenzetti, Central Susquehanna Intermediate Unit, Tammy Osenga, Cynthia Del Gotto and Duane Mattison |
| 4:2011cv00894 |
| May 11, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Northumberland |
| Christopher C. Conner |
| Civil Rights: Other |
| 20 U.S.C. ยง 1401 Education: Handicapped Child Act |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
254
ORDER denying in part and reserving in part 231 Motion in Limine of Defendants Diversified Treatment Alternatives and Alvin Weaver, as follows: 1. Defendants' motion to preclude Duane Mattison from testifying at trial on the basis that Matti son lacks the competency to testify is DENIED WITHOUT PREJUIDCE. 2. Defendants' motion to preclude BJS from testifying at trial on the basis that BJS lacks the competency to testify is RESERVED UNTIL TIME OF TRIAL. 3. On or before 2/8/19 at 10 :00 AM, both parties shall submit to the Court a list of proposed voir dire questions that they would like the Court to ask BJS when determining her competency, and in particular, her ability to understand the obligation of an oath and the basic duty to testify truthfully in Court. 4. Defendants' motion to preclude BJS and Mattison from testifying in their entirety at trial pursuant to Federal Rules Of Evidence 401, 402 and 403 is DENIED WITHOUT PREJUDICE. Signed by Honorable Robert D. Mariani on 2/4/19 (jam)
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Filing
225
ORDER granting in part and denying in part 198 Motion for Summary Judgment by Defendants Diversified Treatment Alternatives and Alvin Weaver ("Mental Health Defendants"). Mental Health Defendants' Motion is GRANTED with respect to Count VIII. Judgment is hereby entered IN FAVOR OF DEFENDANTS Diversified Treatment Alternatives and Alvin Weaver and AGAINST PLAINITFFS on Count VIII. Mental Health Defendants' Motion is DENIED with respect to Count IX. A date and time for a telephone converence for trial-scheduling purposes will be issued by separate order. Signed by Honorable Robert D. Mariani on 10/2/18 (jam)
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Filing
171
ORDER 1.The Mental Health Defendants' Motion for Summary Judgment (Doc. 133) is GRANTED. Judgment is hereby accordingly entered IN FAVOR OF DEFENDANTS Diversified Treatment Alternatives and Alvin Weaver and AGAINST PLAINTIFFS B.J.S. and Elaine S wanger and Victor Swanger as parents and legal guardians of B.J.S. 2. In light of the Court's grant of the Mental Health Defendants' summary judgment motion, Plaintiffs' Motion in Limine (Doc. 122) to exclude from evidence the proffered report, opinions, and testimony of Mental Health Defendants expert Alian Tepper, J.D., Psy.D. is DENIED AS MOOT.Signed by Honorable Robert D. Mariani on 9/30/15. (jfg)
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Filing
148
MEMORANDUM OPINION - For the foregoing reasons, the Court will deny Plaintiffs' Motion for In Camera Review (Doc. 124), A separate Order follows.Signed by Honorable Robert D. Mariani on 12/31/14. (jfg)
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Filing
121
ORDER THAT: 1. Plaintiffs' Motion (Doc. 111) is DENIED. 2. If Plaintiffs would like the Court to conduct an in camera review of aspecific document, or documents, listed within the Philadelphia Diversified Treatment Claim File Privilege Log, and can present compelling evidence as to their contention that the document(s) do not fall within the recognized psychologist/psychiatrist-patient privilege, the Court will consider conducting such a review upon aproper motion by Plaintiffs, A motion for in camera review of any document{s) within the privilege log at issue must be submitted within seven days of the date of this Order.Signed by Honorable Robert D. Mariani on 6/3/14. (jfg)
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Filing
50
MEMORANDUM For the abovementioned reasons, the Court will grant in part and deny in part Defendants' Motion to Dismiss. (Doc. 41}. The Court will deny without prejudice absolute immunity to individual School Defendants under the Coverdell Act on Count III. The Court will not dismiss Count III (§ 1983 substantive due process claim) based on astate-created danger theory, but it will reject the special relationship theory as a basis for liability on the count. The Court will deny without prejudice immunity to individual School Defendants under the PSTCA on Count IV (breach of fiduciary duty claim). The Court will deny without prejudice the motion to dismiss the claim for compensatory damages under Section 504 of the RA (Count I). Fin ally, the Court will dismiss the claim for punitive damages against all individual School Defendants in their official capacities but will deny without prejudice the motion to dismiss punitive damages with respect to their personal capacities.Signed by Honorable Robert D. Mariani on 6/25/12. (jfg)
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Filing
32
ORDER STRIKING amended complaint 31 from the record & permitting pltfs to file amended complaint w/ consent of defts or by seeking leave of court to file amended complaint. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/29/11. (ki)
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